Wood v. Blanchard
Massachusetts Supreme Judicial Court
Contract, originally with six counts. Writ in the Municipal Court of the City of Boston dated November 2,1901. On appeal to the Superior Court the case was tried before Pierce, J. All of the counts of the declaration except the fourth" and sixth were waived by agreement before the trial. The evidence is described in substance in the opinion.
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Contract, originally with six counts. Writ in the Municipal Court of the City of Boston dated November 2,1901. On appeal to the Superior Court the case was tried before Pierce, J. All of the counts of the declaration except the fourth" and sixth were waived by agreement before the trial. The evidence is described in substance in the opinion. At the close of the evidence the defendant asked for certain rulings of which the first four were to the effect that the plaintiff was not entitled to recover on the fourth and sixth counts. At the suggestion of the presiding judge the pleadings then were…
1Opinion of the CourtRugg, C. J.
The fair interpretation of that which occurred at the close of the evidence when the defendant’s requests for rulings were presented is that the suggestion of the court, to the effect that in order to present the issues fairly both parties needed to amend their pleadings, was adopted by both parties. The result was that an amendment to the declaration and an amendment to the answer were filed. The case was submitted to the jury on the amended pleadings. The other counts dropped out of the case. This is equivalent to the contention of the defendant that his first four prayers were granted. At…
2Cases cited6 opinions
- Hubbard v. AllynMassachusetts Supreme Judicial Court · 1908
- Durkin v. CobleighMassachusetts Supreme Judicial Court · 1892
- Butterick Publishing Co. v. FisherMassachusetts Supreme Judicial Court · 1909
- Boyden v. HillMassachusetts Supreme Judicial Court · 1908
- Worcester Color Co. v. Henry Wood's Sons Co.Massachusetts Supreme Judicial Court · 1911
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3Cited by12 opinions
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- Nashua River Paper Co. v. LindsayMassachusetts Supreme Judicial Court · 1922
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